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11. In the event that any portion of D&A's services is suspended.abandoned,or terminated,the Client <br /> shall pay D&A for the services performed on an hourly basis based on D&A's standard rates. not to exceed any <br /> maximum contract amount specified herein. <br /> 12. Any estimate of construction cost prepared by D&A represents its judgment as a professional <br /> design fi r in and is supplied for the general guidance of the Client. It is not intended as a warranty upon which the <br /> Client may rely. Except as specifically provided herein. D&A excludes all other warranties,express or implied. <br /> Since D&A exercises no control over the cost of labor and material.competitive bidding or market conditions,D&A <br /> does not guarantee the accuracy of such estimates. <br /> 13. The Client agrees that the construction contractor will be required to assume sole and complete <br /> responsibility for job area conditions during the course of construction of the project.including safety of all persons <br /> and property and that this requirement shall he made to apply continuously and not be limited to normal working <br /> hours. <br /> 14. IN THE PERFORMANCE OF ITS PROFESSIONAL SERVICES,D&A WILL USE THAT <br /> DEGREE OF CARE AND SKILL ORDINARILY EXERTED UNDER SIMILAR CONDITIONS IN <br /> SIMILAR LOCALITIES AND NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE MADE OR <br /> INTENDED IN ANY OF D&A'S PROPOSALS,CONTRACTS,OR REPORTS. The Client agrees to defend, <br /> indemnify and hold D&A harmless from any and all liability,real or alleged, in connection with the performance of <br /> services on this project,excepting liability approximately arising solely from the professional negligence of D&A. <br /> 15. In the event Client falls to pay D&A within thirty days after invoices are rendered, the Client <br /> agrees that D&A shall have the right to declare a default and seek all remedies set forth in this Agreement,including <br /> termination of work or termination of this Agreement. The election of one remedy shall not preclude the election of <br /> another remedy. The Client expressly agrees to hold D&A harmless from any liability arising out of D&A's termination <br /> or suspension of its services hereunder due to the Client's failure to perform and/or pay in accordance with the <br /> provisions of this Agreement in the event of termination of this Agreement or work stoppage. In the event of <br /> termination,the Client shall then promptly pay D&A for all fees and services performed by D&A on an hourly basis. <br /> I6. Should arbitration or litigation be necessary to enforce any term or provision of this Agreement,or <br /> to collect any portion of the amount payable under this Agreement, then all arbitration, litigation and collection <br /> expenses,witness fees,court costs,and attorney's fees shall be paid to the prevailing party. <br /> 17. Should any provision be found or(deemed to be invalid, this Agreement shall be construed as not <br /> containing such provision„and all other provisions which are otherwise lawful shall remain in full force and effect and <br /> to this end the provisions of this Agreement are declared to be severable. <br /> I8. Services provided within this Agreement are for the exclusive use of the Client. <br /> 19. This Agreement and the performance of D&A and the Client hereunder shall be governed by the <br /> laws of the State of Colorado. <br /> 20. AS REQUIRED BY THE COLORADO CONSTRUCTION LIEN LAWS, D&A HEREBY <br /> NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE <br /> CONSTRUCTION ON CLIENT'S LAND MAY HAVE LIEN RIGHTS ON CLIENT'S LAND AND BUILDING IF <br /> SUCH PERSONS OR COMPANIES ARE NOT PAID FOR THEIR SERVICES. THOSE ENTITLED TO SUCH <br /> LIEN RIGHTS ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OF SUCH LAND OR WHO <br /> GIVE THE OWNER OF SUCH LAND NOTICE WITHIN 60 DAYS AFTER SUCH PERSONS OR COMPANIES <br /> FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, CLIENT MAY <br /> RECEIVE NOTICES FROM THOSE PERSONS OR COMPANIES THAT FURNISHED LABOR OR MATERIALS <br /> FOR THE CONSTRUCTION,AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE CLIENT'S <br /> MORTGAGE LENDER,IF ANY. <br /> P VU?1F71l.VII.O W4 IIs.0 Lake hwa ation Prnro afAgreenkra Isnerhead.dnex <br /> -7 - <br />